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Removing Terminal Disclaimers by Patent Reissue
Expanded BPAI Panel Divided on Proper Reissue Practice
The proper interpretation of the patent reissue statutes was explored rather frequently at the Board of Patent Appeals & Interferences (BPAI) in 2010. Several important BPAI decision relating to patent reissue, In re Tanaka, In re Staats, and In re Mostafazadeh are now on appeal to the CAFC. As we begin 2011, the trend appears to be continuing.
Last week, the Board considered the following two questions in Ex parte Shunpei Yamazaki (here), namely:
1. Does 35 U.S.C. § 251 authorize the Office to reissue a patent that has expired based on an expiration date set at the time of issuance of the original patent?
2. Does 35 U.S.C. § 251 authorize the Office to expand in reissue the term of a patent beyond the term of the original patent set at the time of issuance? Read the rest of this entry »
